Do you wish that robbery charge from three decades ago would disappear from your criminal record? You're not alone. Many people do stupid things in their younger days and live to regret it. The good news is that you may qualify for expungement.
What Is Expungement?
Expungement erases an arrest or conviction in the eyes of the law. Although law enforcement agencies can still see the charge, potential employers and anyone else accessing a background report on you won't be able to see it.
You won't have to disclose your prior misdemeanor or felony on applications, during job interviews, or when applying for a home or a loan.
Who Is Eligible for Expungement?
In California, expungement is available to those charged with misdemeanors or felonies who have completed probation.
Are you looking to clear your criminal record? Call Gonzales Law Office today at (916) 318-5177 or contact us online to schedule a meeting with our expungement attorney in Sacramento!
Can I Own a Gun With an Expunged Felony in California?
In California, you cannot own a gun with an expunged felony. You must wait for 10 years to restore your gun rights even if you have your conviction sealed or expunged. The way to get this lifted is to have a court order from a judge. A judge can only grant this court order if you are currently an employee of the state of California and your job requires you to own or possess a firearm. Both state and federal prevent you from owning a firearm if your offense was a felony conviction.
Since many offenses in California can be reduced to a misdemeanor, they are known as "wobblers," If your offense was a wobbler turned into a misdemeanor, you can have your firearm rights restored. A misdemeanor conviction for domestic violence can prevent you from owning a firearm. The Lautenberg Amendment says that anyone convicted of a crime that meets the federal definition of misdemeanor domestic violence has a lifetime probation from owning a firearm.
Do Misdemeanors Go Away in California?
No, misdemeanors are not automatically expunged in California. If you have been convicted of a misdemeanor, you must file a petition with the court to have the conviction expunged from your record. As mentioned earlier, the expungement process typically requires you to complete your sentence and any probationary period, and then file the appropriate paperwork with the court.
Additionally, not all misdemeanors are eligible for expungement in California. Certain crimes, such as sex offenses and domestic violence, are not eligible for expungement. It's important to consult with a criminal defense attorney or a legal aid organization to determine if your misdemeanor is eligible for expungement and to assist you with the process.
Who is Not Eligible for Expungement in California?
Expungement Is Not an Option for Those Who:
- Have served a sentence in a state prison
- Have been convicted of sex crimes against children
- Are currently charged with an offense
- Are on probation for an offense
- Are currently serving time for an offense
Contact Our Expungement Attorney Today
When you remove a misdemeanor or felony from your criminal record, your life is no longer restricted. You can apply for jobs and apartments without having to deal with that mark on your record. If you came to America as an immigrant, expungement can keep you from being deported. You can move on with your life with more freedom.
The Law Office of Jonathan Gonzales can help with the process. Our Sacramento expungement lawyer will evaluate your criminal history to see if you meet the requirements. Then our team will conduct some research, fill out the appropriate paperwork, and attend your hearing.
Contact Gonzales Law Office today to schedule a FREE consultation with our expungement lawyer in Sacramento!
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